Women and Justice: Court: Supreme Court of Florida

Domestic Case Law

Gainesville Woman Care LLC, et al. v. Florida, et al. Supreme Court of Florida (2017)

Gender discrimination

The Florida Supreme Court affirmed a trial court’s grant of temporary injunction blocking enforcement of the state’s Mandatory Delay Law. The law imposed a 24-hour waiting period on women seeking abortions. The Court explained that since the law implicated the fundamental right of privacy, it was automatically subject to strict scrutiny review. It found that the court of appeals had improperly put a burden on the challengers to establish that the law imposed a “significant restriction” on the right to privacy before applying strict scrutiny. The Florida Supreme Court observed that the state had presented no evidence of a compelling state interest or that the law served that interest through the least restrictive means.